charge sheet getting delay
Ali
(Querist) 17 April 2018
This query is : Open
Dear Experts,
My case was registered in the month of Oct 2017 with following sections 323,363,506r/w149 IPC.Accused were arrested installment base due to their influence(7 members in Nov month,5 members in Dec month & 4 members in Jan2018). Now police delaying to file charge sheet in court. From last couple of months they giving same answer...'ll do by this weekend. I am fed up by listen the same answer.Plz advice how to followup or speedup to get charge to be done.
Ms.Usha Kapoor
(Expert) 17 April 2018
If your Public Prosecutor is in tandem with the opposite side is causing the delay in filing the charge sheet you may engage best criminal lawyer to expedite the case not succumbing to the tactics of opposite side or their lawyer.Opposite side also deliberately delays the case and if chargesheet is filed after lot of time they maybe let off.You Can also approach Highcourt by filing writ of Mandamus seeking directions to police department to expedite investigation and file chargesheet.Right to speedy trial is part of Righto life and personal liberty of our constitution according to many apex court rulings.
Kiran Kumar
(Expert) 17 April 2018
if there is an unnecessary delay being caused by the investigating agency then you approach the concerned High Court for appropriate direction. Though the courts cannot guide the police to investigate the matter in a particular manner but may direct them to complete the investigation and file the Charge Sheet in a time bound manner.
Ali
(Querist) 18 April 2018
Thx for advice... Public prosecutor not yet assigned to my case...can't I approach Commissioner level to speed up my charge sheet or I need to apply for writ petition???
P. Venu
(Expert) 18 April 2018
You may take up the matter with the Higher Authorities or the Court.
Ali
(Querist) 11 September 2018
Dear Experts,
Finally police submit the Charge sheet in the court.
My Queries are:
1. Police removed the 2 ladies frm charge sheet...they are the main culprit in kidnapping plan...Police saying u can include there names in court...does it possible?
2.Can I approach H.C for reinvestigation?
3.Does it effect lower court proceedings?
Please advise.
Ali
Ali
(Querist) 12 September 2018
Dear Experts, Finally police submit the Charge sheet in the court. My Queries are: 1. Police removed the 2 ladies frm charge sheet...they are the main culprit in kidnapping plan...Police saying u can include there names in court...does it possible? 2.Can I approach H.C for reinvestigation? 3.Does it effect lower court proceedings? Please advise. Ali
